A blog by Scott Daniels about a buyer's agent who refuses to get signatures from her buyer clients made me think of the many times our agents have been put in the same position. How far do you go to get the deal done??  In days past when everyone worked for the seller, it was easy and didn't really matter that much.  Of course, the growth of consumer actions, statutory protections for home buyers and buyer's agency is, I believe a direct result of some of the actions of agents and sellers with unrepresented home buyers.  Caveat emptor went way too far and following "Edina", buyers have more and more protections through mandated disclosure of property condition AND disclosure to buyers and sellers about Whom Represents Whom.  I do, however, have serious doubts that most home buyers even understand what "represents" means in the context of buying real estate and working with an agent.  So, Scott's experience reminded me of how some things have changed.

I'm so risk adverse I have insurance on insurance policies.  You just can't be too careful in today's litigious atmosphere.  For instance, Homefinders.com has Policies and Procedures and our agents are trained to know what you can do and can't do in communicating with buyers or sellers who are represented, by another broker/agent. 

SIGNATURES
1.  You do NOT meet with a buyer or seller for signatures if that buyer or seller is represented by another broker/agent.  As in Scott's experience, the buyer's agent is too busy to meet with their own buyer/clients for signatures.  But, this action is about a lot more than signatures. 

WHY?  Because there is not a buyer or seller in this country that completely understands what they are signing.  They WILL have questions.  You CANNOT answer their questions because it would be interfering with the representation of another broker/agent's client.  If the seller created a contract with a specific date, price, terms, conditions that the buyer didn't like, can the agent representing the seller negotiate the date or any other term or condition for the buyer who is signing??  I don't think so. If that buyer is represented, their questions need to be directed to THEIR agent and advice must come from their agent.

MEETING WITH APPRAISERS
2.  A buyer's agent does NOT provide entry or provide comps for a seller.  This one comes about because we are regularly requested by the listing agent to meet with an appraiser for entry.  Homefinders.com policy is clear.  When representing a buyer, we do NOT meet with appraisers.  The listing agent must perform this job.

Why?  Because pricing of the home is the seller's responsibility with advice from THEIR listing broker/agent.  I believe that it is the listing agent's responsibility to protect their pricing.  It's could be in the buyer's interest for an appraisal to come in low.  But, is that going to facilitate getting to settlement??  Many contracts fell apart in our area in the recent market when appraisals couldn't keep up with the contract prices and over list offers.  Unless the buyer had significant cash and the willingness to pay over appraisal, deals died.  I don't want my agents in the position of having met with an appraiser only to see a low appraisal and the seller not willing to lower the price.  Let the listing agent and/or seller take the responsibility of protecting their price and meet with the appraiser.

ATTENDING TERMITE INSPECTIONS
3.  Our Maryland buyer's agents attend termite inspections.  This seems like an insignificant matter, but if you are ever involved in a sale where there is serious termite infestation and serious and extensive termite damage, having the buyer's agent on the scene is critical.  Otherwise, the buyer is at the mercy of the seller who is faced with a huge reduction in their net proceeds.  Seller's can't be expected to protect the buyer's interests.  That is their agent's job.

Why?  No termites, no problem.  But, if there is an infestation, or worse, damages, the buyer's agent needs to be there to SEE the damage in order to make sure that the repairs performed under the contract are done to a degree to protect the value of the property.  This is only true in MD where the buyer orders the termite inspection.  In Virginia, this is done by the seller. 

ATTENDING HOME INSPECTIONS
I've seen opinions from agents/brokers that say a buyer's agent does attend and from buyer's agents to don't attend.  There seems to be something in the water that is causing buyer's agents to believe that it is better risk reduction to NOT attend home inspections.  IMO, we place ourselves at greater risk by NOT attending.  Not to mention that it is not always possible to write an accurate home inspection repair notice when you can't read the home inspector's writing on the report.  Our agents go to home inspections.  If they are not able to attend for personal reasons or scheduling, another Homefinders.com or I will attend and charge the agent 10% of the agent's commission for that service.  Home inspections are NOT routine matters.  Sales fall on home inspections and a buyers' future investment may be affected by home conditions that are not properly handled in the home inspection.

Lenn Harley, Homefinders.com

Would you do my job??  I'm to busy.